Legal Question in Wills and Trusts in Indiana

Time to collect Inheritance

Hello.

An attorney was made executor after my grandmothers passing in Feb. 2007. Most of the estate's value was in farm land which was sold at the beginning of June 2007. It is now November and the family is wondering if this amount of time is normal or if we need to contact an attorney to look into this matter further.

Thank you.


Asked on 11/05/07, 8:09 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Time to collect Inheritance

If your grandmother's estate is being probated in Marion County, you could ask the court for a partial distribution. It is not uncommon for the amount of time you describe to go by before distribution, because the federal estate and Indiana inheritance taxes have to be calculated and paid, and the executor doesn't want to come up short, as he is personally responsible to the IRS and Department of Revenue if taxes are due which he does not pay. There may also be some estate income tax considerations to calculate. In any event, the executor could calculate a safe reserve and get court authority to distribute the rest, so long as five months have passed since the notice of administration was published. The probate judges of some counties won't permit a partial distribution. Ask your executor what's going on. If he doesn't respond, contact the disciplinary commission. Good luck.

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Answered on 11/05/07, 8:43 pm


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